MANMOHAN SINGH
Coca-Cola Company – Appellant
Versus
K. M. Salim – Respondent
Manmohan Singh, J.
1. Plaintiffs have filed a suit for injunction and damages for infringement of registered trade mark, infringement of copyright, passing off and act of unfair competition.
2. Despite of service, on 15th March, 2013, the defendant chose not to appear in Court. He was proceeded ex-parte on 14th February, 2014. The plaintiffs filed an application under Order VII Rule 10 CPC for pronouncement of judgment against the defendant on account of failure to file the written statement and to contest the matter.
3. Counsel for the plaintiffs made her submissions on merit also.
4. Let me examine the case of plaintiffs on merit.
5. The plaintiff No. 1, the Coca-Cola Company (TCCC), is a corporation organized and existing under the laws of the state of Delaware, United States of America. The plaintiff No. 2 is a company incorporated under The Companies Act, 1956.
6. The plaintiff No. 1 was founded in the year 1886 and is the world’s leading manufacturer, marketer and distributor of non-alcoholic beverage, concentrates and syrups used to produce nearly 400 beverage brands. The company has its corporate headquarters in Atlanta, Georgia, United States of America and has local o
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